JUDGMENT :

A.P. THAKER, J.

1. By filing this petition, the petitioners have prayed to quash and set aside the order dated 16.8.2013 passed in RTS/Appeal/Case/No. 4/13 by Deputy Collector and further be pleased to quash and set aside order dated 21.11.2014 of Collector, Mahesana, passed in Revision Application No. 227 of 2013 and order dated 21.9.2015/9.10.2015 passed by learned SSRD bearing No. MVV/HKP/MSN/86/14 with all consequential effects in favour of the petitioners.

2. The facts of the case are that the petitioners are husband and wife residing together at Village Satlasna. It is the case of the petitioners that petitioner no. 1 is daughter of an “agriculturist” and is holding agricultural land jointly at Village-Madana-Gadh under Account No. 491. It is also the case that on 9.8.2000, Mamlatdar, Palanpur, issued certificate certifying that petitioner no. 1 is an “agriculturist.” Petitioner No. 1, then purchased land bearing Survey Nos. 579/PA-00-35-41 Aare at Mouje Stlasana vide registered sale deed dated 11.10.2000 bearing Index No. 987. On 17.10.00 Revenue Entry No. 2596 was mutated recording the said transactions and the same was certified on 12.12.2000.

2.1 On account of family arrangement, on 12.11.2001, the land in question was recorded in the name of petitioner no. 2 (husband). Revenue Entry No. 2735 was mutated and the same was certified 21.12.2001. Thereafter, petitioner No. 2 has purchased adjoining land bearing Survey No. 578 A-0-32-38 Aare vide registered sale deed dated 30.7.2002 bearing Index No. 681. On 12.08.2002 Revenue Entry No. 2842 was mutated in this regard and the same was certified on 01.01.2003. On 8.4.2003, Mamlatdar, Satlasana ordered to consolidate land bearing Survey No. 578 and 579/p and numbered as new Survey No. 578. On 23.07.2003, Revenue Entry No. 2962 was mutated and was certified on 03.09.2003. Thereafter, petitioner No. 2 purchased land bearing Survey No. 120 admeasuring A-0-47-55 sq. mtr. at Moje Satlasana on 15.5.2003. On 02.06.2003 Revenue Entry No. 2941 was mutated and was certified on 21.07.2003.

2.2 It also the case of the petitioners that the petitioners applied for NA permission for residential purpose of consolidated Survey No. 578, which was granted by TDO, Satlasana on 12.7.2007. On 16.07.2007, Revenue Entry No. 3837 was mutated and certified on 17.08.2007. It is also the case of the petitioners that this entry was not challenged at the relevant time. On 12.10.2007, TDO sanctioned revised construction permission, which change is mutated vide Revenue Entry No. 3917 on 29.10.2007 and it was certified on 10.12.2007. This entry was also not challenged at the relevant time. Thereafter, the petitioners have again applied for further revised N.A. permission for residential cum agricultural small godown purpose. Lay out plan was sanctioned by Deputy Town Planner on 28.8.2012 and revised NA permission was granted vide Resolution dated 10.9.2012, which came to be mutated vide entry no. 5978 on 5.12.2012.

2.3 After about 13 years, on 12.2.2013, the Collector directed the Prant Officer, Kheralu to register case as Appeal under Rule 108 (5) of GLR Rules to cancel the Revenue entries No. 2596, 2735 and 5684, 5564. Before issuing such directions no hearing was provided to the petitioners. On 16.8.2013, Deputy Collector, Kheralu allowed said Appeal by treating “the transaction as violative of section 63 of Bombay Tenancy and Agriculture Land Act” and ordered to cancel the revenue entries no. 2596, 2735, 2842, 2941, 5564 and 5684 and directed the Mamlatdar and ALT, Satlasana, to initiate proceedings under section 84 (C) of Tenancy Act for the breach of section 63 of the Tenancy Act.

2.4 On 10.10.2013, petitioners have filed Vivad Appeal No. 227/13 before Collector challenging the order of Deputy Collector, Kheralu dated 16.08.2013. During the pendency of appeal status quo was granted. On 12.12.2014, the Collector rejected the Revision Application Revision Appeal No. 227/13.

2.5 On 15.12.2014, petiti